Schirmer v. Homestake Mining Co.

OPINION

BACA, Justice.

Claimant-Appellant, Helen Schirmer, appeals from an order of the Workers’ Compensation Division of the New Mexico Department of Labor (the “Division”) granting summary judgment in favor of RespondentAppellee, Homestake Mining Company (“Homestake”), under NMSA 1978, Section 52-3-10(0 (Repl.Pamp.1991). On appeal, we address the constitutionality of Section 52-3-10(C), and hold that Section 52-3-10(0 is unconstitutional as it is currently enacted. Consequently, we vacate the Division’s order granting summary judgment for Homestake.

I

The facts in this case are undisputed. Mr.…